[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 46350-46352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22245]



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Part IX





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Harvest Information Program; Hunting 
Regulations on Certain Federal Indian Reservations and Ceded Lands; 
Early Seasons and Bag and Possession Limits; Final Rules

  Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules 
and Regulations  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD08


Migratory Bird Harvest Information Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) and State wildlife 
agencies (States) are cooperatively establishing a national Migratory 
Bird Harvest Information Program (Program). The Program requires 
licensed migratory game bird hunters to supply their names, addresses, 
and other necessary information to the hunting licensing authority of 
the State in which they hunt. The Program improves the quality and 
extent of information about the harvests of migratory game birds to 
better manage these populations. The Program requires hunters to have 
evidence of current Program participation (Program validation) on their 
person while hunting migratory game birds in participating States. 
Hunters' names and addresses will provide a sample frame for voluntary 
hunter surveys needed to improve harvest estimates for all migratory 
game birds. States will gather migratory bird hunters' names and 
addresses and the Service will conduct the harvest surveys. This 
specific action adds 7 States to the list of those participating in the 
Program, bringing the total to 17.

EFFECTIVE DATE: This rule takes effect on September 1, 1996.

FOR FURTHER INFORMATION CONTACT: Larry J. Hindman, Migratory Bird 
Harvest Information Program Coordinator, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, (410) 827-8612, FAX (410) 
827-5186.

SUPPLEMENTARY INFORMATION: This final rule facilitates the collection 
of needed information about migratory game birds harvests. A proposed 
rule was published in the April 29, 1996, Federal Register (61 FR 
18936). This final rule amends Section 20.20 of 50 CFR by adding 
Alabama, Georgia, Idaho, Illinois, Maine, Minnesota, Mississippi, 
Pennsylvania, Tennessee, and Vermont to the list of participating 
States. Licensed hunters, as a condition for hunting migratory game 
birds in these States, would be required to annually provide their 
names, addresses, and other necessary information to the licensing 
authority of the State in which they hunt. This information will 
provide a nationwide sampling frame of migratory bird hunters, from 
which representative samples of hunters will be selected and asked to 
participate in voluntary harvest surveys that the Service will conduct 
annually.
    The Service and States are currently implementing this Program over 
a 5-year period, starting with the 1994-95 hunting season. During this 
implementation, the Program's participation requirement will not apply 
on Federal Indian Reservations or to tribal members hunting on ceded 
lands. Participating States will provide the sample frame by annually 
collecting the name, address, and date of birth of each State licensed 
migratory bird hunter. To reduce survey costs and to identify hunters 
who hunt less commonly-hunted species, States will also request that 
each migratory bird hunter provide a brief summary of his or her 
migratory bird hunting activity for the previous year. States will send 
this information to the Service, and the Service will sample hunters 
and conduct national hunter activity and harvest surveys.
    A notice of intent to establish the Program was published in the 
June 24, 1991, Federal Register (56 FR 28812). A final rule 
establishing the Program and initiating a 2-year pilot phase in three 
volunteer States (California, Missouri, and South Dakota) was published 
in the March 19, 1993, Federal Register (58 FR 15093). The pilot phase 
was completed following the 1993-94 migratory bird hunting seasons in 
California, Missouri, and South Dakota.
    A State/Federal group was formed to evaluate Program requirements, 
the different approaches used by the pilot States, and the Service's 
survey procedures during the pilot phase. Their evaluation resulted in 
Program changes specified in a final rule, published in the October 21, 
1994, Federal Register (59 FR 53334), initiating the implementation 
phase of the Program.
    Currently, all licensed migratory game bird hunters in 
participating States are required to have a Program validation, 
indicating that they have identified themselves as migratory bird 
hunters and have provided the required information to the State 
wildlife agency. Hunters must provide the required information to each 
State in which they hunt migratory birds. Validations are printed on or 
attached to the annual State hunting license or on a State-specific 
supplementary permit.
    The State/Federal technical group continues evaluating the Program 
to determine the adequacy and timeliness of the sample frame, time 
burden, cost, and other impacts on hunters, State license agents, State 
wildlife agencies, and the Service. Current emphasis is on the time 
requirement for the sample frame and alternative survey methods for 
special groups of unlicensed hunters (e.g., junior and senior hunters).
    Names, addresses, and other information are needed in time to 
distribute hunting record forms to selected hunters before they forget 
the details of their hunts. Previously, the Service's survey design 
required participating States to send the required information to the 
Service within 5 business days of the hunting license or permit 
issuance (10 business days if the information is in electronic form). 
Several States expressed concern that they could not meet this time 
requirement. The Service conducted an experiment during the 1994-95 
hunting season to determine whether extending the time requirement 
would adversely affect the accuracy of survey results. Based on the 
results of that experiment, the Service now requires participating 
States to forward hunter information to the Service within 30 calendar 
days from the date of license or permit issuance.
    The Service does not require hunters exempted from State permit and 
licensing requirements to participate in the Program. This would 
include junior hunters, senior hunters, landowners, and other special 
categories. Exemptions vary on a State-by-State basis. Excluding these 
hunters from the Program also excludes their harvest from the estimates 
which may result in serious bias. Thus States may require exempted 
hunters to participate; and the Service encourages States to provide 
any available information about these groups (for example, junior 
hunter safety course participant lists, names and addresses of 
landowners, State harvest estimates for exempted categories) to the 
Service for use in improving harvest estimates. Methodology may vary by 
State and will be incorporated into individual Memoranda of Agreement 
with the Service.
    The Service will use the names and addresses only for conducting 
hunter surveys. Names and addresses will be deleted after the surveys. 
State uses of these names and addresses will be governed by State laws.
    Under 5 U.S.C. 553(d)(3) at least 30 days is required for a rule to 
become effective unless an agency has good cause to make it sooner. The 
Service and the States are currently implementing this Program over a 
five-year period at the request of the International Association of 
Fish and

[[Page 46351]]

Wildlife Agencies. The States added by this rule to the list of 
participating States, Alabama, Georgia, Idaho, Illinois, Maine, 
Minnesota, Mississippi, Pennsylvania, Tennessee, and Vermont, have all 
prepared for a September 1 implementation date of the Program. 
Generally, migratory game bird hunting seasons may begin as early as 
September 1, 1996, and since migratory game bird hunters are required 
to have a Program validation on their person while hunting migratory 
game birds in these States, the Service believes this rule should be 
effective on September 1, 1996.

Review of Comments and the Service's Response

    The Service received comments on the proposed rule from six States. 
All supported the Program, but requested a delay in their 
implementation date.

1. Implementation Phase--Schedule of State Participation

    Comment: North Carolina requested implementation be delayed to 
1997. North Carolina is considering a major license system change in 
1997 and wants to implement the Harvest Information Program with this 
change. Arkansas, Colorado, Virginia, and Wisconsin requested 
implementation be delayed to 1998, due to anticipated changes in their 
licensing systems. South Carolina requested implementation be delayed 
to 1998 to obtain approval from their State legislature to implement 
the Program.
    Service Response: The Service has consistently encouraged States to 
advance in the implementation schedule, and discourage any delays. 
However, the proposed delays by Arkansas, Colorado, North Carolina, 
Virginia, and Wisconsin are premised on improved license procedures 
that will better accommodate the Program. South Carolina's proposed 
delay is based on implementing the Program with the endorsement of 
their State legislature which will help ensure successful 
implementation. Thus, the Service agrees to North Carolina's Program 
implementation and implementation in 1998 for Arkansas, Colorado, South 
Carolina, Virginia, and Wisconsin.

NEPA Consideration

    The Service considered the establishment of this Harvest 
Information Program and options in the ``Environmental Assessment: 
Migratory Bird Harvest Information Program.'' Copies of this document 
are available from the Service at the address indicated under the 
caption FOR FURTHER INFORMATION CONTACT.

Regulatory Flexibility Act and the Paperwork Reduction Act

    On June 14, 1991, the Assistant Secretary for Fish and Wildlife and 
Parks concluded the rule would not have a significant effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act 5 USC 601 et seq. This rule will eventually affect about 3-5 
million migratory game bird hunters when it is fully implemented. It 
will require licensed migratory game bird hunters to identify 
themselves and to supply their names, addresses, and birth dates to the 
State licensing authority. Additional information will be requested in 
order that they can be efficiently sampled for a voluntary national 
harvest survey. Hunters will be required to have Program validation on 
their person while hunting migratory game birds.
    The States may require a fee to cover their administrative costs. 
State hunting-license vendors range from small to very large entities. 
This rule should not economically impact any vendors/agents. Only 
migratory game bird hunters (individuals) must provide this 
information, so this rule should not adversely affect small entities.
    The collection of information contained in this rule was approved 
by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and 
assigned clearance number 1018-0015. The Service requires information 
from licensed hunters before they can hunt migratory game birds.
    The public reporting burden for this collection of information is 
estimated to average 0.015 hours per response. This includes the time 
needed to review instructions; search existing data sources; gather and 
maintain data; and complete and review the collection of information. 
Comments regarding the burden estimate or any other aspect of these 
reporting requirements should be directed to the Service Information 
Collection Clearance Officer, ms 224 ARLSQ, U.S. Fish and Wildlife 
Service, 1849 C Street, NW., Washington, DC 20240, or the Office of 
Management and Budget, Paperwork Reduction Project 1018-0015, 
Washington, DC 20503.

Executive Order 12866

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866.

Executive Order 12612--Federalism

    The regulations do not have significant Federalism effects as 
provided in Executive Order 12612. Due to the migratory nature of 
certain bird species, the Federal Government was given responsibility 
for their management under the Migratory Bird Treaty Act. State harvest 
surveys presently cannot provide adequate national estimates of 
migratory game bird harvests for the following reasons: (1) Some States 
do not now conduct annual harvest surveys or maintain accessible lists 
of hunter names and addresses; (2) comparable information is not 
available from all States because States have different survey 
procedures; (3) many State license lists are not available in time to 
permit distribution of hunter records early in the hunting season; and 
(4) budget constraints often prevent States from conducting harvest 
surveys during certain years and may cause some States to eliminate 
them completely.
    The regulations do not have a substantial direct effect on fiscal 
capacity; do not change the roles or responsibilities of Federal or 
State Governments; and do not intrude on State policy or 
administration. Therefore, these regulations have no significant 
Federalism effects and do not warrant the preparing of a Federalism 
Assessment. In fact, they promote Federal/State cooperation and reduce 
duplication of survey efforts.
    These regulations do not constitute a significant regulatory action 
as defined by Executive Order 12866. Therefore an assessment of their 
effects on State governments, under the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4), is not required. The States may require a 
handling fee from licensed migratory bird hunters to cover the 
administrative costs of implementing the Program. Thus these 
regulations will not have a significant economic impact on the States.

Executive Order 12360--Taking of Individual Property Rights

    Executive Order 12360 discussed guidelines for the taking of 
individual property rights. These regulations, authorized by the 
Migratory Bird Treaty Act, do not affect any constitutionally-protected 
property rights. They would not result in the physical occupancy, 
physical invasion, or regulatory taking of any property.

Authorship

    The primary author of this rule is Larry J. Hindman, Office of 
Migratory Bird Management.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and record keeping 
requirements, Transportation, Wildlife.


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    For the reasons set out in the preamble, 50 CFR Part 20 is amended 
as set forth below.

PART 20--[AMENDED]

    1. The authority citation for Part 20 continues to read as follows:

    Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.

    2. Section 20.20 is amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  20.20  Migratory Bird Harvest Information Program.

* * * * *
    (b) General provisions. Each person hunting migratory game birds in 
Alabama, California, Georgia, Idaho, Illinois, Maine, Maryland, 
Michigan, Minnesota, Mississippi, Missouri, Oklahoma, Oregon, 
Pennsylvania, South Dakota, Tennessee, and Vermont must identify 
himself or herself as a migratory bird hunter and give his or her name, 
address, and date of birth to the respective State hunting licensing 
authority and must have on his or her person evidence, provided by that 
State, of compliance with this requirement.
* * * * *
    (e) Implementation schedule. The Service continues to implement the 
Program over the next 2-year period from 1997-1998. States must 
participate on or before the following schedule:
    1997--Arizona, Florida, Kentucky, Ohio, North Carolina, and Texas.
    1998--Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana, 
Iowa, Kansas, Louisiana, Massachusetts, Montana, Nebraska, Nevada, New 
Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode 
Island, South Carolina, Utah, Virginia, Washington, West Virginia, 
Wisconsin, and Wyoming.

    Dated: August 27, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22245 Filed 8-29-96; 8:45 am]
BILLING CODE 4310-55-F